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Terms of service for the website

I Definitions

The parties to agreements for the provision of electronic services are: Delizie Italiane LTD, based in Warsaw (02-495), ul. Gierdziejewskiego 7, operating the da Luciano Restaurant located in Warsaw at ul. Herbu Oksza 24, and the Client placing an order at their chosen Restaurant.

Client: a natural person (including a Consumer) who is at least 18 years old and has full legal capacity, or a legal person or an organizational unit with legal capacity. A Client may be a natural person who is at least 13 years old but not yet 18 years old to the extent that they can acquire rights and incur obligations in accordance with the generally applicable law, i.e., in minor current matters of everyday life.

Order: within the meaning of this document, a legal action performed using software, during which the Buyer expresses the will to purchase the ordered products and services according to their description and price.

Payment: an action involving the payment of the order price in a chosen manner during the order placement as specified in the Terms of Service.

Personal Data Controller: Delizie Italiane LTD., based in Warsaw (02-495), ul. Gierdziejewskiego 7, operating the da Luciano Restaurant located in Warsaw at ul. Herbu Oksza 24.

II General Provisions

  1. In the scope of services provided electronically, this document constitutes the Terms of Service referred to in Article 9 of the Act of July 18, 2002, on the provision of electronic services (Journal of Laws of 2002 No. 144, item 1204, as amended). The Terms of Service are addressed to all Clients using the Website. da Luciano Restaurant and the Client commit to adhering to all provisions of the Terms of Service.
  2. All information contained and displayed through the Website, particularly on the da Luciano Restaurant webpage, relating to goods and services, including their prices, does not constitute a commercial offer within the meaning of Article 66 of the Civil Code but an invitation to conclude a contract as defined in Article 71 of the Civil Code.
  3. It is prohibited for the Buyer to use the Website in a manner contrary to the law, good customs, or that infringes on the legitimate interests of da Luciano Restaurant. In particular, the Client shall not undertake actions that could cause any property or reputational damage to da Luciano Restaurant.
  4. The Client declares that the data provided by them in the order form, particularly the address and email address, are accurate, correct, and complete. In case of providing false data or data not belonging to the Client, da Luciano Restaurant may notify the Website Administrator, who may immediately delete the Client’s order and notify the appropriate state authorities.
  5. If transactions are conducted using the Client’s data, the Client must bear the costs unless they notify da Luciano Restaurant immediately after discovering the unauthorized use of their data.

III Order Placement and Fulfillment

  1. To use the services of the Website, it is required to familiarize oneself with and accept these Terms of Service.
  2. By placing an order, the Buyer agrees to provide their true and complete data as required by the IT System and acknowledges that placing an order entails an obligation to pay.
  3. Da Luciano Restaurant reserves the right to confirm the order placement and the accuracy of the data via phone or email. If there is no contact with the Client, incomplete data, suspicion that the data is not true or belongs to third parties, or if the applied promotion does not apply to the Client, da Luciano Restaurant has the right to cancel the order, providing a reason.
  4. If the Client places an order using a promotion, discount, or other preferences to which they were not entitled, they agree to pay the full price. Da Luciano Restaurant has the right to verify the Client’s eligibility to purchase goods and services on preferential terms during the order fulfillment process.

IV Additional Information Regarding Orders Placed Online

  1. A contract between the Client and da Luciano Restaurant is considered concluded only when da Luciano Restaurant confirms to the Client that the order has been accepted for fulfillment, providing the delivery or pickup time of the order.
  2. Da Luciano Restaurant has the right to cancel a confirmed order in the following cases:
    a. Violation of the rules described in section III of the Terms of Service;
    b. Technical or organizational failures or limitations that prevent or significantly hinder the fulfillment of the order;
    c. The occurrence of a shortage of appropriate means or products to fulfill the order, which da Luciano Restaurant could not foresee despite exercising due diligence;
    d. If there are justified doubts that the data provided by the Client is false, belongs to third parties, or if the Client does not have legal capacity as understood by civil law.
  3. The Restaurant undertakes to promptly, as much as possible, post information on its website about any limitations or inability to fulfill Orders.
  4. Da Luciano Restaurant confirms the acceptance of the order for fulfillment by displaying an appropriate message to the Client on the screen of the device used to place the Order. Additionally, the Client will receive a relevant email and, in special cases, also an SMS. Performing any of the aforementioned actions by da Luciano Restaurant is tantamount to effectively providing the Client with confirmation of the order’s acceptance for fulfillment.
  5. The indicated order fulfillment time should be treated as planned, and exceeding it by up to 80% is not considered a delay in order fulfillment and does not constitute grounds for a complaint.

V Payment Methods

  1. When placing an order, the Client selects one of the available payment methods: cash, card via the Restaurant’s payment terminal, or online payment.
  2. Settling the payment via online payment is equivalent to fulfilling the Client’s obligation towards da Luciano Restaurant.
  3. In the case of online payment, da Luciano Restaurant will accept the order for fulfillment only when the managing person confirms receipt of the funds. A confirmation document of funds being credited to the Client’s account is not sufficient. If da Luciano Restaurant cancels an order paid online, the managing person on behalf of da Luciano Restaurant will initiate a refund. The refund order by the managing person will be made no later than 72 hours from the day the managing person receives information about the order cancellation and the refund instruction. The refund date is considered the date the managing person places the refund instruction with the Payment Operator.
  4. In the case of an order placed by the Client with cash payment, da Luciano Restaurant is responsible for the refund of funds in justified cases, and the managing person is not responsible for the execution of the refund by da Luciano Restaurant.
  5. The online Payment System Partner and the Payment System Operator reserve the right to refuse payment processing made by the Client, particularly if there are doubts about the legality of the transaction or the payment itself. For these reasons, the managing person and the Payment System Operator may refuse to accept the payment.
  6. The managing person and the Payment System Operator are not responsible for delays in processing payments or authorization responses caused by reasons occurring after the Client has submitted the payment instruction, nor for failure or delay in transferring due funds or verifying data, particularly caused by the Client providing incorrect or incomplete data that prevents the payment transaction, as well as for delays resulting from other events beyond the control of the managing person or the Payment System Operator.
  7. Da Luciano Restaurant will issue appropriate documents to the Client confirming the sale within the statutory period.
  8. In case of questions or doubts, the Client should contact da Luciano Restaurant via phone or email.

VI Right of Withdrawal by the Client

  1. Before da Luciano Restaurant begins fulfilling the order, the Client may withdraw from the contract without providing any reason, provided that this right can be exercised until da Luciano Restaurant starts processing the order.
  2. To exercise the right of withdrawal, the Client must inform da Luciano Restaurant with a clear statement via telephone contact with da Luciano Restaurant no later than 5 minutes after the order acceptance confirmation. After this time, the order cannot be canceled or changed unless da Luciano Restaurant agrees to it. Informing da Luciano Restaurant of the intention to withdraw from the contract via email is not sufficient for effective withdrawal.
  3. If the Client has made payment via the internet, the funds will be refunded by the managing person. Managing person within 14 business days and 72 hours from the moment da Luciano Restaurant issues the refund order.

VII Complaints

  1. In the event of any irregularities in the delivered order, the Client shall immediately inform da Luciano Restaurant of the incident via telephone or email.
  2. The Client’s complaint will be reviewed within 14 days of receiving the information. The Client will be notified of the resolution of the complaint electronically.
  3. Complaints can also be submitted electronically by sending the complaint details to the managing person at the email address restauracja@daluciano.pl or in writing to the address of da Luciano Restaurant’s headquarters.
  4. The complaint should include the Client’s identifying information, phone number, email address, order date, order fulfillment date, specified delivery address, Client’s login, and a detailed description of the objections.
  5. If the data or information provided in the complaint is incomplete or needs further clarification, the managing person will request its completion before reviewing the complaint. The time for considering the complaint will be extended until the data is supplemented by the complaining Client.
  6. The Restaurant reviews the complaint within 14 days from the date of receiving it in the correct form. The managing person may refuse to consider complaints submitted after 90 days from the date the cause of the complaint becomes apparent.
  7. The response to the complaint will be sent only to the email address associated with the Client’s account or to the address specified in the complaint.

VIII Protection of Personal Data

Detailed information on the principles of personal data processing is available in the Privacy Policy.

IX Final Provisions

  1. For the correct provision of services, the Client must have access to the internet, an active email address, and a phone.
  2. In matters not regulated by these Terms of Service, the provisions of the generally applicable law shall apply.
  3. Delizie Italiane LTD reserves the right to amend these Terms of Service. Changes to the Terms of Service come into effect 2 days from the date of publication. Lack of acceptance of the new version of the Terms of Service means the inability to use the Website.
  4. The Terms of Service do not exclude or limit any rights of the Client being a consumer, which they are entitled to under mandatory provisions of law. In the event of a conflict between the provisions of the Terms of Service and the mandatory provisions of law granting rights to consumers, the latter shall prevail.